Fourteenth Amendment Commons^™

Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne

Touro Law Review

No abstract provided.

Abortion Rights, Michael C. Dorf

Touro Law Review

No abstract provided.

Recent Developments In The Use Of Excessive Force By Law Enforcement, Karen M. Blum, Jack Ryan

Touro Law Review

No abstract provided.

Amidst Developments Unfolding In Courtrooms Across Colorado, Same-Sex Couples Marry In Boulder, Denver, Pueblo, Arthur S. Leonard

Other Publications

No abstract provided.

Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman

Touro Law Review

In Goldberg v. Kelly, the Supreme Court held that welfare recipients have a right under the Due Process Clause to notice and a meaningful opportunity to be heard before the state may terminate assistance. However, the Court stopped short of holding due process requires states to appoint counsel to represent claimants at these constitutionally mandated hearings. As a result, in the vast majority of administrative hearings involving welfare benefits, claimants- desperately poor, and often with little formal education- must appear pro se while trained advocates represent the government. Drawing on the theory of underenforced constitutional norms, first articulated by Dean …

Court Of Appeals Of New York - People V. Luciano, Natasha Shishov

Touro Law Review

No abstract provided.

How To Choose The Least Unconstitutional Option: Lessons For The President (And Others) From The Debt Ceiling Standoff, Neil H. Buchanan, Michael C. Dorf

Cornell Law Faculty Publications

The federal statute known as the “debt ceiling” limits total borrowing by the United States. Congress has repeatedly raised the ceiling to authorize necessary borrowing, but a political standoff in 2011 nearly made it impossible to borrow funds to meet obligations that Congress had affirmed earlier that very year. Some commentators urged President Obama to ignore the debt ceiling, while others responded that such borrowing would violate the separation of powers and therefore that the president should refuse to spend appropriated funds.

This Article analyzes the choice the president nearly faced in summer 2011, and which he or a successor …

Equal Protection And Aesthetic Zoning: A Possible Crack And A Preemptive Repair, Louis G. Tassinary, Dawn E. Jourdan, Russ Parsons

UF Law Faculty Publications

In Village of Willowbrook v. Olech, the property owner alleged "the Village intentionally demanded a 33-foot easement as a condition of connecting her property to the municipal water supply where the Village required only a 15-foot easement from other similarly situated property owners." The complaint further described the village's demand as "irrational and wholly arbitrary." According to the Seventh Circuit, the property owner could allege an equal protection violation by asserting the state's action was motivated solely by a "spiteful effort to 'get' him for reasons wholly unrelated to any legitimate state objective." On appeal, the Supreme Court agreed, …

Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen

Law Faculty Scholarly Articles

The Equal Protection Clause of the Fourteenth Amendment generally acts as a legal limit on the permissible bounds of government action. Accordingly, public universities and other government entities are constitutionally prohibited from engaging in acts that violate equal protection of the laws. The Supreme Court recently reinforced this point when it ruled, in two related cases, that public universities may consider the race of applicants when making admissions decisions, so long as an applicant's race does not amount to a deciding factor when granting admission. By its very terms, the constitutional limitation imposed by the Equal Protection Clause only directly …

The Price Of Fame: The Celebrity Image As A Commodity And The Right Of Publicity, Ty Ford

Vanderbilt Journal of Entertainment & Technology Law

This Note will examine several recent cases that illustrate how major stars are using the ever-widening scope of such doctrines to control their images in the media. These examples show how the right of publicity has evolved from a right designed to protect a performer's uniquely personal attributes and stylings from unauthorized (and unpaid for) exploitation into a legal fortress constructed around movie-star images that allows the star to separate unwanted attention from necessary popularity. Furthermore, it will explore the inherent contradictions in such a development, showing how it can be used to manipulate and control the very peripheral industries, …

Drum Majors For Justice, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

Many lawyers worked with the legendary Thurgood Marshall to overturn the Supreme Court's infamous separate but equal doctrine, which had permitted racial segregation in schools and public accommodations. But while most Marylanders are aware of Marshall's contribution, few recognize the name of his colleague, William I. Gosnell.

At that time, Gosnell was one of only 32 black lawyers in the state of Maryland. In fact, due to the state's racial segregation policy, both he and Marshall had received scholarships to attend out- of-state law schools. They were denied entry to the University of Maryland because of their skin color. While …

Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells

Scholarly Works

DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …

Another View: Our Magnificent Constitution, William B. Reynolds

Vanderbilt Law Review

Let me start with the observation that I regard myself to be most privileged to be a public servant at a time when we celebrate the 200th anniversary of the Constitution a magnificent document that has, in my view, no equal in history and every reason to be feted. It is by now no revelation that the Framers would be aghast at the size and reach of government today; but they would also be enormously proud of how much of their legacy has endured. The vitality of the original Constitution, and its various amendments, is reflected by its ability to …

Procedural Due Process: The Original Understanding, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen

Faculty Scholarship

October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.

The Equal Rights Amendment As An Instrument For Social Change, Lynn Andretta Fishel, Clarine Nardi Riddle

IUSTITIA

"The Equal Rights Amendment: Will it do so little, we don't need it -or so much, we shouldn't have it?"

The paradox stems from the arguments of the groups who oppose the Equal Rights Amendment (ERA). On one hand, they claim that the 14th Amendment and Title V1II provide all the tools women need, so the ERA won't be able to accomplish anything uniquely significant. On the other hand they contend, with even greater fervor, that the ERA will be so powerful it will destroy the fabric of society. The paradox is not altogether ludicrous, however, when it is recognized …

The School Segregation Cases: A Comment, Paul H. Sanders

Vanderbilt Law Review

Segregation in the public schools on the basis of race or color pursuant to law has been declared unconstitutional by the Supreme Court of the United States.' Such segregation, the Court says, violates the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment of the Constitution of the United States. The unanimous opinions of the Court delivered by Chief Justice Warren, declare this to be so regardless of the "equality" of the "tangible factors" in such educational facilities. This action, of paramount significance during the term just ended, will have a sequel of …

Segregation And The Fourteenth Amendment, J. D. Hyman

Vanderbilt Law Review

Sociologists have rejected the old concept, enshrined in William Graham Sumner's Folkways, published in 1906, that law must come from the mores, and cannot go beyond them. It is now generally accepted that legal action, within limits, can influence ways of living. Dramatic demonstrations of the validity of the present concepts have been furnished by the extension of negro suffrage in the South and by the enlargement of federal protection of bodily security under the drive of Supreme Court decisions broadening the reach of the Fourteenth and Fifteenth Amendments. Equally important are the current steps to destroy the pattern of …

The Supreme Court And Civil Liberties, Paul A. Freund

Vanderbilt Law Review

The evolution of the enforcement of First Amendment guarantees under the aegis of the Fourteenth is an interesting study in the throwing up of bridges before and the burning of them behind, characteristic of juridical-advance. The protection of property and of liberty of contract had long since been assured under decisions applying'the Fourteenth Amendment. The interests of a teacher and of a private school, challenging interference with their pursuits, were well calculated to furnish the span between proprietary and forensic rights. When the span was crossed the newly taken ground provided a new base for advance. Freedom of speech, recognized …

Federal Habeas Corpus And The Equal Protection Clause

Indiana Law Journal

No abstract provided.

The Gerrymander And Judicial Abstention-An Important Distinction Between Political Questions And The Discretionary Power To Deny Equitable Relief

Indiana Law Journal

No abstract provided.